Georgia Estate Litigation Legal Questions

Assuming there is property that passes through the probate estate, you will need to open the estate of the person whose name is on the asset. For example, if your parents own a house jointly, and their wills leave everything to each other and then the children, you will need to file the wills of your parents with the probate court. You will need to open the estate of the last of your parents to die first.  Once that estate is open, you will need to open the estate of the first of your parents to die.  Once both estates are open, you will prepare a deed for the first to die transferring the property to the second to die.  You will then prepare a deed transferring the property from the second to die to the beneficiaries under the will.  Of course, rather than transferring it from the second to die to the beneficiaries, you could sell the home and distribute the cash as directed by the will.... Read More

By using the word Trustee, I assume your mother set up a trust and nmaed your sister as the trustee.  You can ask for an accounting from the Trustee.  If it is not forthcoming, you will need to file a lawsuit in superior court in the county where your sister lives and ask the court to order her to produce an accounting.... Read More

It sounds as though you had your property stored at your Mom's house and it was either distributed to others or trashed after your Mother's death.  If so, you have four years to file a lawsuit for destruction of property.  The two hardest things to accept in situations like this is that you cannot prove you owned the items destroyed and the items destroyed have very little economic value.  That said, it sounds like the personal representative did not give all family members notice of his intent to distribute or destroy the personal property found in your mother's home.  He is not required to give notice, but he opens himself up to claims like yours if he does not give notice.  Your only course of action is to file a police repot for your missing items and to file suit against the personal representative in magistrate court or superior court in the county where he lives. ... Read More

First of all, he did not get a loan for the truck in your name unless he committed fraud.  You should report that to the police. You did not say whose name the truck is titled in? Regardless of who used the truck, the owner is whoever has his name on the title. If you took out a loan to assist him in buying a truck, then you are responsible for the loan payments. If you don’t make the payments, the truck will be repossessed.  Of course, your credit is ruined, but that is your choice.  If you were still married at the time of your husband’s death, you have a right to probate his estate as well as filing for year’s support. If the truck is in your husband’s name, it is in the estate.  If the deal with your husband was that you would take out the loan and he would make the payments, and you can prove that he was making the payments, you may have a claim against the estate for the remaining balance of the loan. You, along with your husband’s children, will share the estate equally. You also have the right to sell all property to satisfy all estate debts. ... Read More

A will can be offered for probate after the testator passes away.  Only the probate judge can deny probate to the will.  The only reason probate can be denied is if the will is invalid for any number of reasons.  Additionally, if the testator does not own anything at her death, there is no reason to probate the will.  You can’t use a will’s bequests to drag property back into the estate.  If you believe your mother was not of sound mind when she transferred the property to the brother in law, you can file suit against the brother in law and ask that the deed be canceled due to your mother’s mental incapacity.  Otherwise, it is a valid transfer.... Read More

Unless your parent, who was her child, died, you are not an heir.  However, there is a principle called virtual or equitable adoption that may cover you.  It is probably a long shot, but might be worth pursuing.  Of course, your aunts and uncles could all include you as an heir and give you a part of their inheritance.  You really need to speak to a probate lawyer with experience handling cases like yours.... Read More

If your husband had a will, you need to probate that will.  If you have done that and the son has filed a caveat, you are free to hire a lawyer to help you probate the will.  If you are unhappy with your current lawyer, you are free to fire him and retain a new lawyer. If you are representing yourself, you can obtain subpoenas from the probate court so that you can depose witnesses or call them to trial to testify.... Read More

If the matter is still ongoing, then it is possible that the first bill is just now being sent.  Although not my way of practicing, there could be many underlying reasons for the billing to occur this way.  If the matter has been closed for more than 6 years, it is too late for the attorney to send you a bill. ... Read More

Your boys need to hire a probate attorney immediately.  If the marriage was improepr because he was still married to you, your ex-husband's children are his only heirs.  If your boys are minors, thbey have added rights that need to be protected.  If they are adults, they are simply heirs.... Read More

Any heir or creditor can file to have a permanent administrator appointed.  If your parent who was related to your grandmother and grandfather has passed away, you stand in that parent’s shoes.  So, you are on equal ground with your aunt.  Either can apply to be appointed administrator. The court will decide who can be the administrator if more than one person wants to be the administrator.  Administrators have to gather all of the assets, sell enough assets to pay off the debts, and distribute the remaining assets to all the heirs.  Of course, all of the assets can be sold and the proceeds divided after the payment of all debts.  To apply for administration, you should go to the probate court in the county where your grandparents lived and file a Petition to Appoint Administrator.  That form is available at the probate court.... Read More

I assume that your grandfather's estate has never been opened.  Because of that, no one has paid the taxes.  While I do not know who his heirs are, if I were you, I would file a petition to appoint administrator and ask that you be appointed.  You should pay the taxes.  You can then sell the land to reimburse yourself for the taxes you paid.    Otherwise, you can simply show up at the tax sale and buy the property.    ... Read More

Your brother does not need to have information about your mother’s assets to ask that he be appointed administrator.  If you do not care about him being appointed, you do not need to take any action.  If you oppose the court appointing him, you will need to file an objection.  You need to contact a probate lawyer near where you live.... Read More

You must have the original will or in some cases, a copy of the will in order to probate a will.  Without a will, the property will pass through the laws in intestacy.  I am unfamiliar with a will for farm land.  To be valid, a will must be executed by the deceased person and witnesses by two other people.  Without these formalities, a will is not valid.... Read More

Assets left to someone through a beneficiary designation belong to the person named as the beneficiary.  Therefore, no one is required to “share” these assets with you.  However, if your sister wants to share the assets, she may do so.  There will be severe tax implications for your sister to cash out the retirement accounts and give you ½ of those accounts.  Therefore, if this is something your sister wants to do, she should use the savings account to balance out the distributions.  Your sister should probably file a gift tax return this year if she is giving you the money this year as it is a gift from her and not an inheritance to you.  She should visit with a CPA before making any moves.... Read More

If you bought property from an estate, the executor would give you an executor’s deed and that deed would be recorded in the land records for the county.  If you bought a car, the title would be signed over to you from the estate.  Assuming the deed is in your name and the title is in your name, the executor will have a hard time reclaiming that property from you.  If you did not get a deed or the title when you purchased these items, it might be quite easy to take these items back from you.  You should seek legal help for these issues.... Read More

Please provide the following information:   1.      County where probate is pending or anticipated. 2.      Name of Decedent 3.      Name of nominated executor   4.      General reasons why you want to contest an estate.... Read More

Secured loans and unsecured loans stand on the same level in the probate court.  The secured loan holder will seize the asset securing the loan. The remaining balance after selling the seized asset will become an unsecured loan just like the unsecured loan.  If you have multiple unsecured loans and not enough money to pay them all in full, you should pay each one a proportionate amount of money after paying all other priority bills.  Priority bills include administrative expenses, funeral and burial expenses and taxes among other things.  You should consult with an attorney who specializes in probate administration before paying the bills and later discovering that you paid the wrong bills and now have to come out of pocket to pay the appropriate bills.... Read More